The legalisation of physician assisted suicide in Oregon and physician assisted death in the Netherlands has revitalised the debate over whether and under what conditions individuals should be able to determine the time and manner of their deaths, and whether they should be able to enlist the help of physicians in doing so. Although the change in the law is both dramatic and recent, the basic arguments for and against have not really changed since the issue was debated by Glanville (...) Williams and Yale Kamisar nearly 50 years ago. In this paper, the author argues in favour of Kamisar’s consequentialist framework. Any change in law and social policy should not be based solely on individual cases, heart wrenching though these may be. Instead, we need to assess the need for PAS, and weigh this against the risks of mistake and abuse. (shrink)

Volume XVI Phenomenology of Emotions, Systematical and Historical Perspectives Aim and Scope: The New Yearbook for Phenomenology and Phenomenological Philosophy provides an annual international forum for phenomenological research in the spirit of Husserl's groundbreaking work and the extension of this work by such figures as Scheler, Heidegger, Sartre, Levinas, Merleau-Ponty and Gadamer. Contributors: Esteban Marín Ávila, Thiemo Breyer, Jakub Čapek, Mariano Crespo, Roberta De Monticelli, John J. Drummond, Søren Engelsen, Maria Gyemant, Mirja Hartimo, Elisa Magrì, Ronny Miron, Anthony J. (...) class='Hi'>Steinbock, Panos Theodorou, Íngrid Vendrell Ferran, Antonio Zirión Quijano, and Nate Zuckerman. Submissions: Manuscripts, prepared for blind review, should be submitted to the Editors electronically via e-mail attachments. (shrink)

Most of us believe that we are entitled to treat members of other species in ways which would be considered wrong if inflicted on members of our own species. We kill them for food, keep them confined, use them in painful experiments. The moral philosopher has to ask what relevant difference justifies this difference in treatment. A look at this question will lead us to re-examine the distinctions which we have assumed make a moral difference.

This collection contains twenty-one thought-provoking essays on the controversies surrounding the moral and legal distinctions between euthanasia and "letting die." Since public awareness of this issue has increased this second edition includes nine entirely new essays which bring the treatment of the subject up-to-date. The urgency of this issue can be gauged in recent developments such as the legalization of physician-assisted suicide in the Netherlands, "how-to" manuals topping the bestseller charts in the United States, and the many headlines devoted to (...) Dr. Jack Kevorkian, who has assisted dozens of patients to die. The essays address the range of questions involved in this issue pertaining especially to the fields of medical ethics, public policymaking, and social philosophy. The discussions consider the decisions facing medical and public policymakers, how those decisions will affect the elderly and terminally ill, and the medical and legal ramifications for patients in a permanently vegetative state, as well as issues of parent/infant rights. The book is divided into two sections. The first, "Euthanasia and the Termination of Life-Prolonging Treatment" includes an examination of the 1976 Karen Quinlan Supreme Court decision and selections from the 1990 Supreme Court decision in the case of Nancy Cruzan. Featured are articles by law professor George Fletcher and philosophers Michael Tooley, James Rachels, and Bonnie Steinbock, with new articles by Rachels, and Thomas Sullivan. The second section, "Philosophical Considerations," probes more deeply into the theoretical issues raised by the killing/letting die controversy, illustrating exceptionally well the dispute between two rival theories of ethics, consequentialism and deontology. It also includes a corpus of the standard thought on the debate by Jonathan Bennet, Daniel Dinello, Jeffrie Murphy, John Harris, Philipa Foot, Richard Trammell, and N. Ann Davis, and adds articles new to this edition by Bennett, Foot, Warren Quinn, Jeff McMahan, and Judith Lichtenberg. (shrink)

Bridging the gap between the world of science and the realm of the spiritual, B. Alan Wallace introduces a natural theory of human consciousness that has its roots in contemporary physics and Buddhism. Wallace's "special theory of ontological relativity" suggests that mental phenomena are _conditioned_ by the brain, but do not _emerge_ from it. Rather, the entire natural world of mind and matter, subjects and objects, arises from a unitary dimension of reality that is more fundamental than these dualities, as (...) proposed by Wolfgang Pauli and Carl Jung. To test his hypothesis, Wallace employs the Buddhist meditative practice of _samatha_, refining one's attention and metacognition, to create a kind of telescope to examine the space of the mind. Drawing on the work of the physicist John Wheeler, he then proposes a more general theory in which the participatory nature of reality is envisioned as a self-excited circuit. In comparing these ideas to the Buddhist theory known as the Middle Way philosophy, Wallace explores further aspects of his "general theory of ontological relativity," which can be investigated by means of _vipasyana_, or insight, meditation. Wallace then focuses on the theme of symmetry in reference to quantum cosmology and the "problem of frozen time," relating these issues to the theory and practices of the Great Perfection school of Tibetan Buddhism. He concludes with a discussion of the general theme of complementarity as it relates to science and religion. The theories of relativity and quantum mechanics were major achievements in the physical sciences, and the theory of evolution has had an equally deep impact on the life sciences. However, rigorous scientific methods do not yet exist to observe mental phenomena, and naturalism has its limits for shedding light on the workings of the mind. A pioneer of modern consciousness research, Wallace offers a practical and revolutionary method for exploring the mind that combines the keenest insights of contemporary physicists and philosophers with the time-honored meditative traditions of Buddhism. (shrink)

Bridging the gap between the world of science and the realm of the spiritual, B. Alan Wallace introduces a natural theory of human consciousness that has its roots in contemporary physics and Buddhism. Wallace's "special theory of ontological relativity" suggests that mental phenomena are _conditioned_ by the brain, but do not _emerge_ from it. Rather, the entire natural world of mind and matter, subjects and objects, arises from a unitary dimension of reality that is more fundamental than these dualities, as (...) proposed by Wolfgang Pauli and Carl Jung. To test his hypothesis, Wallace employs the Buddhist meditative practice of _samatha_, refining one's attention and metacognition, to create a kind of telescope to examine the space of the mind. Drawing on the work of the physicist John Wheeler, he then proposes a more general theory in which the participatory nature of reality is envisioned as a self-excited circuit. In comparing these ideas to the Buddhist theory known as the Middle Way philosophy, Wallace explores further aspects of his "general theory of ontological relativity," which can be investigated by means of _vipasyana_, or insight, meditation. Wallace then focuses on the theme of symmetry in reference to quantum cosmology and the "problem of frozen time," relating these issues to the theory and practices of the Great Perfection school of Tibetan Buddhism. He concludes with a discussion of the general theme of complementarity as it relates to science and religion. The theories of relativity and quantum mechanics were major achievements in the physical sciences, and the theory of evolution has had an equally deep impact on the life sciences. However, rigorous scientific methods do not yet exist to observe mental phenomena, and naturalism has its limits for shedding light on the workings of the mind. A pioneer of modern consciousness research, Wallace offers a practical and revolutionary method for exploring the mind that combines the keenest insights of contemporary physicists and philosophers with the time-honored meditative traditions of Buddhism. (shrink)

Both critique and an appropriation of a large and diverse body of work, Home and Beyond is a major contribution to contemporary Husserl scholarship.

Physician-assisted suicide laws in Oregon and Washington require the person's current competency and a prognosis of terminal illness. In The Netherlands voluntariness and unbearable suffering are required for euthanasia. Many people are more concerned about the loss of autonomy and independence in years of severe dementia than about pain and suffering in their last months. To address this concern, people could write advance directives for physician-assisted death in dementia. Should such directives be implemented even though, at the time, the person (...) is no longer competent and would not be either terminally ill or suffering unbearably? We argue that in many cases they should be, and that a sliding scale which considers both autonomy and the capacity for enjoyment provides the best justification for determining when: when written by a previously well-informed and competent person, such a directive gains in authority as the later person's capacities to generate new critical interests and to enjoy life decrease. Such an extension of legalized death assistance is grounded in the same central value of voluntariness that undergirds the current more limited legalization. (shrink)

Almost all jurisdictions where physician-assisted death is legal require that the requesting individual be competent to make medical decisions at time of assistance. The requirement of contemporary competence is intended to ensure that PAD is limited to people who really want to die and have the cognitive ability to make a final choice of such enormous import. Along with terminal illness, defined as prognosis of death within six months, contemporary competence is regarded as an important safeguard against mistake and abuse, (...) arguably the strongest objections to legalizing PAD.The insistence on contemporary competence is problematic. It means that someone who has dementia is ruled out as a candidate for PAD, even if she is terminally ill and suffering terrible and unrelievable pain. It also rules out individuals with strong and unwavering desires not to end their life in dementia. (shrink)

The morality of embryonic stem cell research depends on the moral status of human embryos. I defend the interest view against some of Don Marquis's objections, and show that on his own Valuable Futures account, ESCR is morally permissible.

The questions and dilemmas of bioethics touch everyone. Should people who refuse to be vaccinated be treated for COVID-19, even if that displaces vaccinated patients with other serious conditions? What restrictions on abortion should there be, if any? Should women be paid to donate eggs? Bioethics: What Everyone Needs to Know ® discusses these and other similar questions facing the public today--as well as providing a way for thinking deeply about them. Steinbock and Menzel first examine major moral theories (...) and how they can be used to analyze bioethical issues. They then provide historical background to the birth of bioethics and explain how it shifted from a paternalistic doctor knows best approach to respect for autonomy, a fundamental value in contemporary bioethics. Subsequent chapters cover advance directives, experimentation on human subjects, the definition of death, physician-assisted dying, abortion, disability, just healthcare systems, the allocation of scarce resources, pharmaceutical drug pricing, assisted reproductive technology, egg donation, surrogate motherhood, sex selection, and the genetic modification of humans. Race and gender are considered throughout, as are the ethical issues raised by pandemics. Steinbock and Menzel consider the controversial questions that surface in the public sphere, explaining the facts, and then evaluating different approaches to resolving them. (shrink)

Moral Emotions builds upon the philosophical theory of persons begun in _Phenomenology and Mysticism _and marks a new stage of phenomenology. Author Anthony J. Steinbock finds personhood analyzing key emotions, called moral emotions. _Moral Emotions _offers a systematic account of the moral emotions, described here as pride, shame, and guilt as emotions of self-givenness; repentance, hope, and despair as emotions of possibility; and trusting, loving, and humility as emotions of otherness. The author argues these reveal basic structures of interpersonal (...) experience. By exhibiting their own kind of cognition and evidence, the moral emotions not only help to clarify the meaning of person, they reveal novel concepts of freedom, critique, and normativity. As such, they are able to engage our contemporary social imaginaries at the impasse of modernity and postmodernity. (shrink)

John Robertson, Children of Choice: Freedom and the New Reproductive Technologies Princeton, NJ: Princeton University Press, 1994, 281 pp.

This collection contains twenty-one thought-provoking essays on the controversies surrounding the moral and legal distinctions between euthanasia and "letting die." Since public awareness of this issue has increased this second edition includes nine entirely new essays which bring the treatment of the subject up-to-date. The urgency of this issue can be gauged in recent developments such as the legalization of physician-assisted suicide in the Netherlands, "how-to" manuals topping the bestseller charts in the United States, and the many headlines devoted to (...) Dr. Jack Kevorkian, who has assisted dozens of patients to die. The essays address the range of questions involved in this issue pertaining especially to the fields of medical ethics, public policymaking, and social philosophy. The discussions consider the decisions facing medical and public policymakers, how those decisions will affect the elderly and terminally ill, and the medical and legal ramifications for patients in a permanently vegetative state, as well as issues of parent/infant rights. The book is divided into two sections. The first, "Euthanasia and the Termination of Life-Prolonging Treatment" includes an examination of the 1976 Karen Quinlan Supreme Court decision and selections from the 1990 Supreme Court decision in the case of Nancy Cruzan. Featured are articles by law professor George Fletcher and philosophers Michael Tooley, James Rachels, and Bonnie Steinbock, with new articles by Rachels, and Thomas Sullivan. The second section, "Philosophical Considerations," probes more deeply into the theoretical issues raised by the killing/letting die controversy, illustrating exceptionally well the dispute between two rival theories of ethics, consequentialism and deontology. It also includes a corpus of the standard thought on the debate by Jonathan Bennet, Daniel Dinello, Jeffrie Murphy, John Harris, Philipa Foot, Richard Trammell, and N. Ann Davis, and adds articles new to this edition by Bennett, Foot, Warren Quinn, Jeff McMahan, and Judith Lichtenberg. (shrink)

Is it wrong to bring children who will have serious diseases and disabilities into the world? In particular, is it unfair to them? The notion that existence itself can be an injury is the basis for a recent new tort known as "wrongful life" (Steinbock, 1986). This paper considers Feinberg's theory of harm as the basis for a claim of wrongful life, and concludes that rarely can the stringent conditions imposed by his analysis be met. Another basis for maintaining (...) that it is morally wrong to have children under extremely adverse conditions is suggested: a principle of parental responsibility. We also argue that having children under such conditions may be unfair to the children, even if they have not been (in Feinberg's sense) harmed. Finally, we consider when conditions are sufficiently awful that having children might be viewed as incompatible with being a good parent and unfair to the child. (shrink)

This paper has two motivations. First, I want to delineate structurally the dimensions of phenomenological method: not merely the static and genetic methods, but along with them I want to introduce the new ideas of generativity and generative method (Section 2). Second, because these dimensions cannot merely be treated structurally, I want to examine their dynamic interrelation, that is, the system of motivations obtaining between them. I will do this by elaborating the phenomenological concept of "leading clue" (Section 3). Finally, (...) I will conclude by addressing the relation of phenomenology to generativity (Section 4). (shrink)

Exploring the first-person narratives of three figures from the Christian, Jewish, and Islamic mystical traditions—St. Teresa of Avila, Rabbi Dov Baer, and Rzbihn Baql—Anthony J. Steinbock provides a complete phenomenology of mysticism based in the Abrahamic religious traditions. He relates a broad range of religious experiences, or verticality, to philosophical problems of evidence, selfhood, and otherness. From this philosophical description of vertical experience, Steinbock develops a social and cultural critique in terms of idolatry—as pride, secularism, and fundamentalism—and suggests (...) that contemporary understandings of human experience must come from a fuller, more open view of religious experience. (shrink)

Addressing the matter of attention from a phenomenological perspective as it bears on the problem of becoming aware, I draw on Edmund Husserl''s analyses and distinctions that mark his genetic phenomenology. I describe several experiential levels of affective force and modes of attentiveness, ranging from what I call dispositional orientation and passive discernment to so-called higher levels of attentiveness in cognitive interest, judicative objectivation, and conceptualization. These modes of attentiveness can be understood as motivating a still more active mode of (...) reflective attention, i.e., philosophical attentiveness, and to this extent, even it would be subject to varying influences of affection. What role, if any, does affection play in a peculiar kind of reflective attention that is phenomenological? I conclude by briefly considering phenomenological reflective attentiveness and its relation to affection. (shrink)

Should people suffering from untreatable psychiatric conditions be eligible for physician-assisted death? This is possible in Belgium and the Netherlands, where PAD for psychiatric conditions is permitted, though rare, so long as the criteria of due care are met. Those opposed to all instances of PAD point to Belgium and the Netherlands as a dark warning that once PAD is legalized, restricting it will prove impossible because safeguards, such as the requirement that a patient be terminally ill, will inevitably be (...) eroded or discarded. However, some supporters respond that limiting PAD to those suffering from terminal illness, or physical illnesses generally, is arbitrary and illogical. In addition, precisely because such patients are not terminally ill, their suffering may last for years, even the rest of their lives. Finally, severe depression may not be treatable. If PAD is justifiable under some conditions—as I shall assume in this article—then why wouldn't it be justifiable for these patients? Why shouldn't psychiatrists who have nothing else to offer their suffering patients be able to help them to die, if that is what they want? (shrink)

Suits that claim that a child would be better off never having been born often founder on conceptual and logical dilemmas. However, the correct interpretation of “wrongful life” does not require a comparison between existence and nonexistence. The New Jersey Supreme Court's decision in the Procanik case to limit damages to extraordinary medical expenses, barring recovery for pain and suffering, is a reasonable resolution.

Bonnie Steinbock presents The Oxford Handbook of Bioethics - an authoritative, state-of-the-art guide to current issues in bioethics.

Exploring the first-person narratives of three figures from the Christian, Jewish, and Islamic mystical traditions—St. Teresa of Avila, Rabbi Dov Baer, and Rzbihn Baql—Anthony J. Steinbock provides a complete phenomenology of mysticism based in the Abrahamic religious traditions. He relates a broad range of religious experiences, or verticality, to philosophical problems of evidence, selfhood, and otherness. From this philosophical description of vertical experience, Steinbock develops a social and cultural critique in terms of idolatry—as pride, secularism, and fundamentalism—and suggests (...) that contemporary understandings of human experience must come from a fuller, more open view of religious experience. (shrink)

This major new work by Anthony J. Steinbock, a leading authority in Phenomenology and Husserl Studies, explores an interrelated set of problems in Husserl's phenomenology and provides an excellent example of phenomenology in practice, demonstrating how its methods and resources shed light on philosophical problems.

Leading phenomenologist Tony Steinbock intervenes in contemporary discussion around the concept of the gift, providing a critical reading of the main figures on the problem of the gift and offering a new perspective on the gift, situating it in the emotional sphere, specifically in relation to loving and humility.

This volume offers perspectives on the theme of surprise crossing philosophical, phenomenological, scientific, psycho-physiology, psychiatric, and linguistic boundaries. The main question it examines is whether surprise is an emotion. It uses two main theoretical frameworks to do so: psychology, in which surprise is commonly considered a primary emotion, and philosophy, in which surprise is related to passions as opposed to reason. The book explores whether these views on surprise are satisfying or sufficient. It looks at the extent to which surprise (...) is also a cognitive phenomenon and primitively embedded in language, and the way in which surprise is connected to personhood, the interpersonal, and moral emotions. Many philosophers of different traditions, a number of experimental studies conducted over the last decades, recent works in linguistics, and ancestral wisdom testimonies refer to surprise as a crucial experience of both rupture and openness in bodily and inner life. However, surprise is a theme that has not been dealt with directly and systematically in philosophy, in the sciences, in linguistics, or in spiritual traditions. This volume accomplishes just that. (shrink)

In this paper, I investigate the experience of hope by focusing on experiences that seem to rival hope, namely, disappointment, desperation, panic, hopelessness, and despair. I explore these issues phenomenologically by examining five kinds of experiences that counter hope (or in some instances, seem to do so): first, by noting the cases in which hope simply is not operative, then by treating the significance of both desperation and pessimism, next by examining the experience of hopelessness, and finally, by treating the (...) experience of despair. Here despair is shown to constitute the most profound challenge to hope among these experiences and to be foundational for the others, even though it is disclosed ultimately as founded in hope. (shrink)

"Renewal" is the expression Edmund Husserl used for the social, political, and ethical transformation of human culture (1922-1924). Considering the concept of renewal in the "generative" becoming of a culture, I first explain the phenomenological background in which Husserl approached the enterprise of renewal. I then describe Husserl's concept of renewal as an ethical task. Next, I take up the process of renewal as accomplishing "the best possible." Following this, I discuss the concept of critique advanced in the "Kaizo" articles. (...) My conclusion interprets Husserl's emphases on the urgency of critique and renewal in relation to the generation of a culture. (shrink)

Aid‐in‐dying laws in the United States have two important restrictions. First, only patients who are terminally ill, defined as having a prognosis of six months or less to live, qualify. Second, at the time the patients take the lethal medication, they must be competent to make medical decisions. This means that an advance directive requesting aid in dying for a later time when the patient lacks decision‐making capacity would be invalid. However, many people are more concerned about avoiding living into (...) severe dementia for years—a time when they will lack decision‐making capacity—than they are about preventing suffering or the loss of dignity or autonomy for a few months at the end of life.Gillian Bennett is an example of someone determined not to live into severe dementia. She opted for preemptive suicide in 2014, explaining why in a letter she posted online: “Every day I lose bits of myself, and it’s obvious that I am heading toward the state that all dementia patients eventually get to: not knowing who I am and requiring full‐time care.”A major problem with Bennett’s solution, however, is that the individual is likely thereby to be giving up some “good time.” A legal alternative to preemptive suicide is to create an advance directive stating the circumstances under which one wants not to receive any lifesaving or life‐sustaining treatment, even the most basic and noninvasive. This option is our focus in this paper: how to create effective advance directives to avoid living into severe dementia. To be relevant to progressive dementia, the directive would need to state what kinds of care should be withheld and when. At the same time, advance directives for severe dementia face serious challenges. Before addressing these, we review the normative force of directives themselves. (shrink)

This article begins with an introduction to the biology behind embryonic stem cell research. Next it presents briefly four views of moral status, based on four different criteria: biological humanity, personhood, possession of interests, and having a future-like-ours. On two of these views, embryos clearly lack moral status, but they most likely do not have moral status on the FLO account either. Only the biological humanity criterion combined with the view that life begins at conception results in the conclusion that (...) very early extracorporeal embryos have full moral status, making ESC research that destroys embryos morally wrong. This explains why even some who are anti-abortion are not against ESC research: they do not view the very early, extracorporeal embryo as having the same moral status as the fetus. (shrink)